Appeals Court

Where a defendant was sentenced for possession of a firearm and for being an armed career criminal, the defendant must be resentenced because there is no freestanding crime of being an armed career criminal. “The defendant pleaded guilty in 2007 ...

Where a defendant was convicted of larceny of two firearms and of unlawful possession of a third, one of the larceny convictions must be vacated because of insufficient evidence that the firearm involved was capable of being fired. “Presented in ...

Where a defendant, knowing he did not have the funds, wrote checks totaling $30,000 from his own bank account and deposited them into new accounts, he committed larceny when he withdrew some of the cash, but his conviction of uttering ...

Where Boston police properly stopped and searched a car pursuant to a “be on the lookout” (BOLO) bulletin issued by the Stoughton police, the evidence must nonetheless be suppressed because the Stoughton police lacked reasonable suspicion to warrant the stop. ...

Where an arbitrator, despite finding that a city employee had committed sexual harassment, ordered the employee’s reinstatement because the city’s termination of the employee was not for just cause, the arbitration award does not offend public policy or require a ...

Where a defendant had exclusive access to a shed that was within the enclosed backyard immediately adjacent to his apartment building, a judge correctly concluded that the shed was a part of the curtilage of the apartment and thus a ...

Where the Westport zoning board allowed the sale of beer and wine at a convenience store operating as a preexisting nonconforming use of land in a residential zone, the proposed sale of beer and wine at the convenience store does ...

Where a defendant was convicted of assault and battery with a knife, assault and battery with a shod foot and assault with a knife, his convictions must be upheld despite his contentions that (1) there was insufficient evidence of his ...

Where a plaintiff brought tort, contract and G.L.c. 93A claims against the estate of a deceased defendant, the complaint was correctly dismissed because it was brought more than a year after the defendant’s death. “The plaintiff, Richard Abrahamson, appeals from ...

Where a plaintiff brought suit claiming to have been defamed in a defendant trade association’s published statements about a federal investigation, the complaint was correctly dismissed because the statements were not materially false. No material falsity “This is an action ...